Key Points

A bench of Justices Surya Kant and N Kotiswar Singh issued notice to the Union Ministry of Civil Aviation, the Aircraft Accident Investigation Bureau (AAIB), and the Directorate General of Civil Aviation (DGCA) on a public interest litigation (PIL) filed by the NGO Safety Matters Foundation.

"Issue notice to the respondents for the limited purpose of ensuring a free, fair, impartial, independent and expeditious investigation," the Justice Surya Kant-led Bench ordered.

The plea, filed through advocate Pranav Sachdeva, claimed that the authorities have engaged in "selective and incomplete disclosure of critical information" that prematurely attributes blame to the pilots while ignoring systemic faults.

"The Respondents' (authorities) selective and incomplete disclosure of critical information, coupled with premature attribution of pilot error while ignoring systemic faults, has resulted in a continuing violation of Article 21 and Article 14 of the Constitution," the petition stated.

The PIL pointed out that critical technical issues, such as the malfunctioning of the fuel control switch locking mechanism and electrical anomalies, were overlooked in the preliminary report.

"By prematurely attributing blame to human error and failing to probe the documented mechanical vulnerabilities, the Respondent (authorities) has compromised the fairness, thoroughness, and credibility of the investigation," it argued.

It also highlighted that the testimony of the sole survivor, businessman Vishwashkumar Ramesh, who reported electrical anomalies inside the cabin moments before the crash, was suppressed in the official account.

The plea further alleged that the government's own regulatory body was investigating itself, leading to a conflict of interest.

"The DGCA, being the regulatory authority responsible for certifying the aircraft, overseeing its airworthiness, and monitoring operator compliance, is itself subject to scrutiny in this case. By allowing its own officers to dominate the investigation, a direct conflict of interest arises, since the inquiry would inevitably require examination of whether the DGCA discharged its oversight duties diligently," the petition read.

During the hearing, Justice Surya Kant expressed disapproval of media reports that blamed the pilots on the basis of leaked excerpts of the preliminary inquiry.

"That was unfortunate," he said, adding: "Confidentiality is the most important thing in these matters."

The apex court, however, voiced reservations about the petitioner's plea for immediate public disclosure of all investigation materials, including the Digital Flight Data Recorder (DFDR) and Cockpit Voice Recorder (CVR) transcripts.

The plea has prayed for public disclosure of the complete DFDR output, full CVR transcripts, and appointment of independent investigators under the supervision of the Supreme Court to ensure transparency.

"Each passenger who boards an aircraft does so with the legitimate expectation that the state has discharged its duty to ensure that the skies are safe, and that if a tragedy does occur, it will be investigated with transparency, independence and integrity," the PIL said.

- IANS